So what do personal injury terms mean, and why do they intimidate so many injury victims? A barrier that keeps countless victims from reaching out to a personal injury lawyer is the unknown. So much about the process feels uncertain, and that uncertainty can intimidate. At Gelb & Gelb, we welcome questions. This blog post aims to provide some basic information that will give you the framework to confront your legal challenges.
List of Terms and Phrases
What Does Negligence Mean?
Negligence is one of the most common causes of action in personal injury law. A synonym for negligence is “carelessness.” In a sentence, it is a breach of a duty the defendant owed, which causes damages to the plaintiff. The most common example of negligence is a car accident. The other driver did not intend to collide with you; it was an accident. Nevertheless, the negligent tortfeasor is liable for your injuries if you can prove he owed you a duty, he breached that duty, and that breach caused your injuries. The Cornell Legal Information Institute explains the legal elements of negligence in more detail.
What Does Plaintiff Mean?
A plaintiff is the victim in a personal injury case. The symbol for a plaintiff is “π,” or pi. This is shorthand notetaking, but you may notice it when you step into a courtroom or review notes with your personal injury attorney.
What Does Contingency Fee Mean?
A contingency fee means we collect a legal fee only if we win your case. In other words, our fee depends on prevailing on your case, either by settlement before trial or judgment at trial. A contingent fee structure benefits injury victims who otherwise could not afford an attorney. It also allows for free consultations, because you do not pay the lawyer by the hour, only if you win.
The typical contingent fee structure charges one-third of the ultimate recovery if your case settles before trial. Remember, roughly 95% of personal injury cases settle before trial, so this is the most likely fee you will pay, though there is no guarantee. If your attorney must litigate your case, the fee typically increases to 40%.
What Are Damages?
You can split damages in a personal injury case into economic and noneconomic damages. The most common and valuable economic damages are your medical expenses and lost wages. Generally, these are fully compensable, though they come with a few caveats your injury attorney should know about. You may also recover compensation for property damage, such as golf clubs in the trunk of your vehicle that a car accident crushed. The Cornell Legal Information Institute breaks down the categories of damages as well.
Next come noneconomic damages. These represent your pain and suffering, a term we define below. Third, you may recover punitive damages. The availability of this form of damages depends on the rules of the jurisdiction. Punitive damages punish and deter; they act as a civil fine. Some states allow them for recklessness by the defendant. Other states require intentional conduct or evil motive. Some states do not allow punitive damages at all.
What is Pain and Suffering?
Pain and suffering is a significant component of your noneconomic damages. When you go into a nightclub and suffer an injury, perhaps a broken nose or broken ribs, you may recover damages for your pain. If you break your ribs, you will likely have difficulty breathing for months. Beyond the pain, an injury like a broken nose may disfigure your face. In that case, you may recover pain and suffering damages for being physically impaired.
What is a Statute of Limitations?
A statute of limitations is a time limit that specifies how long you have to file suit for your injury with a court. The clock generally starts when your injury occurs. However, a court may toll the statute in some instances, such as mesothelioma, where you do not discover the injury until later. The Cornell Legal Information Institute provides a useful overview of the statute of limitations.
What is a Settlement?
When someone else’s negligent or intentional conduct injures you, you have a viable personal injury case. This gives you the right to sue the defendant in court. You give up that right when you agree to a settlement outside court. You sign a contract that releases the defendant from liability, which means you can no longer sue. In exchange for this release, you receive a monetary award. The amount depends on your damages and how likely you would be to prevail in court.
Notably, a settlement occurs outside of court. It generally happens before we even file suit. In some instances, though, after we file suit, the defense realizes its case is weaker than it thought and folds just before trial. You can therefore contrast a settlement with a judgment you receive when you win at trial.
What is a Tort?
A tort is a civil wrong that results in legal liability. A tort is the basis for a personal injury case. Examples of torts include assault, battery, trespass, defamation, conversion, trespass to chattel, private nuisance, tortious interference, and many more.
What is a Class Action?
A class action typically does not apply to the average car accident case. While you can have multiple plaintiffs in a car accident case, a court will not certify the plaintiffs as a “class.” A class action is one lawsuit that a group with similar claims files against a common defendant. A lead plaintiff usually represents the class, though a small number of individuals can also represent it. Class actions primarily benefit the court system because they use resources more efficiently. They also help the plaintiffs’ attorneys.
On the other hand, losing in court to such a large class of people at once can devastate the defendant. The group of victims may also lose out in another sense. In class actions with tens of thousands of members, each victim may receive only a fraction of what they truly deserve. With such large classes, only some members can realistically have their day in court. The defendant may also be unable to pay everyone, so the parties must reach compromises.
Contact a Personal Injury Lawyer
Gelb & Gelb has offices in Washington, D.C. and Maryland. We handle car accident cases, truck accidents, motorcycle accidents, pedestrian accidents, wrongful deaths, nightclub injuries, and many more. Call us today for a free consultation.
